Authorizes hospice residences to care for up to 16 patients.
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (4): Adams, Ranzenhofer, Ritchie, Sampson
TITLE OF BILL: An act to amend the public health law, in relation to authorizing hospice residences to care for up to 16 patients
PURPOSE: The bill would allow hospice residences to have up to sixteen beds of which up to four per each sixteen bed residence would be allowed to be dually-certified as residential and inpatient hospice beds.
SUMMARY OF PROVISIONS:
Section one of the bill amends § 4002 of the Public Health Law (PHL) to increase the currently allowable beds in a hospice residence from eight to sixteen beds and to permit hospice residences to have up to 25% dually-certified as residential and inpatient hospice beds.
Section two amends PHL § 4014 to clarify that hospice residences under the pilot program may also have up to 25% dual beds.
Section three provides the effective date.
JUSTIFICATION: Chapter 532 of 1995 authorized the establishment of hospice residences which provide interdisciplinary end-of-life care to hospice-eligible individuals. However, this law limited the number of allowable beds to eight. In 2003, a hospice residence pilot project was established (Chapter 394 of 2003) in an effort to create flexibility within the hospice residence program and to determine if residences could benefit from economies of scale based on an increase in capacity of not more than sixteen beds.
In response to the desire of some hospices to provide a higher level of care in their residences in order to avoid transfer of patients to inpatient units, legislation allowing beds dually-certified as residential and inpatient was enacted into law (Chapter 154 of 2004). However, hospice residences that were established under the pilot project were precluded from this dual bed certification.
Since the establishment of the initial hospice residence program over eighteen years ago, it has been shown that this program has been successful. In addition, the pilot program has shown the benefit of increasing the number of beds to the fiscal viability of the hospice residences. However, precluding hospice residences in the pilot program from dual bed certification creates an unnecessary barrier to hospice. Terminally ill patients who are in hospitals due to the need for extensive symptom management and are unlikely to return home, could be transferred to hospice residences sooner to receive the expert symptom management from hospice dedicated staff that has the expertise to do so.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately; provided that the provisions shall apply to hospice residences established prior to the effective date, as well as those created thereafter.
STATE OF NEW YORK ________________________________________________________________________ 5534--A 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to authorizing hospice residences to care for up to 16 patients THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2-b of section 4002 of the public health law, as amended by chapter 154 of the laws of 2004, is amended to read as follows: 2-b. "Hospice residence" means a hospice operated home which is resi- dential in character and physical structure and operated for the purpose of providing more than two hospice patients but not more than
[eight]SIXTEEN hospice patients with hospice care, which may include dually certified hospice in-patient beds UP TO TWENTY-FIVE PERCENT OF THE HOSPICE RESIDENCE'S PATIENT CAPACITY. S 2. Subdivision 1 of section 4014 of the public health law, as amended by chapter 410 of the laws of 2007, is amended to read as follows: 1. The commissioner is hereby authorized to establish a hospice resi- dence pilot program. Such program, subject to the rules and regulations of the commissioner, shall authorize the operation of not more than ten hospice residences operated for the purpose of providing [, notwithstand- ing the provisions of subdivision two-b of section four thousand two of this article,]more than two hospice patients but not more than sixteen hospice patients with hospice care. The locations of the hospice resi- dence pilot program shall be geographically disbursed throughout the state and approved by the commissioner. To the extent that patients may access hospital or skilled nursing home care, the care plan for such patients shall provide for such care.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11129-02-3 S. 5534--A 2
S 3. This act shall take effect immediately; provided, that the amendments to sections 4002 and 4014 of the public health law made by sections one and two of this act shall apply to hospice residences established prior to the effective date of this act as well as those created thereafter.